Sri Lanka’s Online Safety Act, No. 9 of 2024

The Online Safety Act, No. 9 of 2024, is a legislative framework introduced by the Parliament of Sri Lanka aimed at addressing various challenges and threats related to online communication and activities. Its core objectives include ensuring online safety by preventing the dissemination of prohibited statements, combating inauthentic online accounts, and regulating the use of online platforms to curb misuse.

Introduction and objectives

The act establishes the Online Safety Commission, a governing body tasked with implementing the provisions of the act. Its primary purposes are:

1. Protection against harm: Shielding individuals from prohibited statements communicated online, such as those inciting violence, spreading falsehoods, or undermining judicial authority.
2. Regulation of online accounts: Preventing the misuse of online accounts, particularly bots and inauthentic profiles, for malicious purposes.
3. Suppression of harmful online locations: Identifying and declaring online locations repeatedly used for prohibited purposes.
4. Mitigation of financial and supportive aids: Suppressing the financing and promotion of harmful online activities.

Overview of relevant parts

1. Establishment of the Online Safety Commission:
   • A five-member body appointed by the President, with qualifications in IT, law, and related fields.
   • The Commission oversees investigations, enforces regulations, and provides advisory support to the government.
2. Prohibited statements:
   • False statements causing public harm, inciting riots, or disturbing religious assemblies are classified as offences.
   • Specific penalties are prescribed for offences like online cheating, impersonation, and harassment.
3. Declared online locations:
   • Websites or platforms repeatedly publishing harmful content can be declared as ‘declared online locations.’
   • Access to these platforms may be restricted, and their operators penalised.
4. Powers of the commission:
   • Issuing directives to remove prohibited statements.
   • Coordinating with internet service providers to disable harmful content.
   • Conducting public awareness campaigns on online safety.
5. Counteracting inauthentic online accounts:
   • Identifying and restricting inauthentic accounts or bots involved in harmful activities.
   • Providing legal recourse for individuals affected by such accounts.
6. Role of experts:
   • Experts in electronic engineering and software technology assist investigations and provide technical expertise.
7. Enforcement and legal provisions:
   • Violations can result in fines, imprisonment, or both, depending on the severity of the offense.
   • Magistrate Courts and the High Court handle cases under the Act.
8. Financial provisions:
   • The Commission maintains its own fund, financed by parliamentary allocations.
9. Transparency and reporting:
   • Annual reports outlining the Commission’s activities and measures to enhance online safety are mandatory.